Airspace (Consequentials and Other Measures) Act 2007

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au C2007A00039 In force Act

Legislation content

 

 

 

 

 

 

Airspace (Consequentials and Other Measures) Act 2007

 

No. 39, 2007

 

 

 

 

 

An Act to provide for consequential matters relating to the enactment of the Airspace Act 2007, and for other purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedule(s)

Schedule 1—Consequential amendments

Civil Aviation Act 1988

Schedule 2—Technical amendments

Air Services Act 1995

Civil Aviation Act 1988

Schedule 3—Transitional provision

 

 

 

Airspace (Consequentials and Other Measures) Act 2007

No. 39, 2007

 

 

 

An Act to provide for consequential matters relating to the enactment of the Airspace Act 2007, and for other purposes

[Assented to 30 March 2007]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Airspace (Consequentials and Other Measures) Act 2007.

2  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

30 March 2007

2.  Schedule 1

At the same time as sections 3 to 15 of the Airspace Act 2007 commence.

1 July 2007
(see F2007L01854)

3.  Schedule 2

The day on which this Act receives the Royal Assent.

30 March 2007

4.  Schedule 3

At the same time as sections 3 to 15 of the Airspace Act 2007 commence.

1 July 2007
(see F2007L01854)

Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

 (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

3  Schedule(s)

  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.


Schedule 1—Consequential amendments

 

Civil Aviation Act 1988

1  After paragraph 9(3)(cb)

Insert:

 (cc) any functions conferred on CASA under the Airspace Act 2007 or under regulations under that Act;

2  After section 11

Insert:

11A  Compliance with Australian Airspace Policy Statement

 (1) Subject to subsection 9A(1), CASA must exercise its powers and perform its functions in a manner consistent with the Australian Airspace Policy Statement.

 (2) If CASA proposes to exercise a power or perform a function in a manner that is inconsistent with the Australian Airspace Policy Statement, CASA must notify the Minister in writing that it is proposing to do so and of its reasons.

 (3) In this section:

Australian Airspace Policy Statement means the statement made under subsection 8(1) of the Airspace Act 2007.


Schedule 2—Technical amendments

 

Air Services Act 1995

1  Subsection 19(2)

Omit “and subparagraphs 8(1)(b)(i), (v) and (vi)”.

2  Subsection 77(3) (definition of AA service)

Omit “referred to in paragraph 8(1)(b)”, substitute “covered by paragraph 8(1)(a)”.

3  Subsection 77(3) (definition of rescue and fire fighting operations)

Omit “referred to in paragraph 8(1)(b)”, substitute “covered by paragraph 8(1)(a)”.

Civil Aviation Act 1988

4  Subsection 3(1) (subparagraphs (e)(i) and (ii) of the definition of aviation safety standards)

Repeal the subparagraphs, substitute:

 (i) services and facilities of the kind covered by paragraph 8(1)(a) of the Air Services Act 1995; and

5  Subparagraphs 98(3)(s)(i) and (ii)

Repeal the subparagraphs, substitute:

 (i) services and facilities of the kind covered by paragraph 8(1)(a) of the Air Services Act 1995; and


Schedule 3—Transitional provision

 

1  Transitional provision

(1) This item applies if regulations are made under the Air Services Act 1995 repealing Part 2 of the Air Services Regulations in connection with the enactment of Part 3 of the Airspace Act 2007.

Note: This item relates to the transfer of airspace management functions from Airservices Australia to CASA.

(2) The Governor‑General may make regulations prescribing matters of a transitional nature (including prescribing any saving or application provisions) arising out of that repeal.

(3) Regulations under subitem (2) may provide that specified things done by, or in relation to, Airservices Australia for the purposes of Part 2 of the Air Services Regulations have effect after that repeal as if those things had been done by, or in relation to, CASA for the purposes of regulations under Part 3 of the Airspace Act 2007.

(4) Subitem (3) does not limit subitem (2).

(5) In this item:

Airservices Australia means the body established by subsection 7(1) of the Air Services Act 1995.

CASA means the Civil Aviation Safety Authority established by the Civil Aviation Act 1988.

 

 

 [Minister’s second reading speech made in—

House of Representatives on 29 November 2006

Senate on 6 February 2007]

(169/06)

 

Overview

The Airspace (Consequentials and Other Measures) Act 2007 was enacted by the Parliament of Australia to address the consequential matters arising from the enactment of the Airspace Act 2007, and to make other related provisions. The Act was assented to on 30 March 2007 and certain provisions commenced on 1 July 2007, aligning with the commencement of sections 3 to 15 of the Airspace Act 2007. This legislation aims to ensure a smooth transition and integration of the new airspace regulatory framework by making necessary amendments to existing acts, such as the Civil Aviation Act 1988 and the Air Services Act 1995, and addressing transitional provisions related to the transfer of airspace management functions from Airservices Australia to the Civil Aviation Safety Authority (CASA). The overarching policy objective is to facilitate the efficient and consistent implementation of the new airspace legislation while maintaining regulatory coherence across related acts.

Scope and Application

The Airspace (Consequentials and Other Measures) Act 2007 applies to the consequential amendments necessary for the enactment of the Airspace Act 2007. It amends the Civil Aviation Act 1988 and the Air Services Act 1995 to ensure consistency with the new Airspace Act. This Act applies to entities such as the Civil Aviation Safety Authority (CASA) and Airservices Australia, particularly in the context of their functions and powers as related to airspace management and aviation safety. The Act operates within the Commonwealth jurisdiction, impacting national airspace policy and regulation. Certain provisions of the Act commence on the date of Royal Assent, while others are tied to the commencement of specific sections of the Airspace Act 2007. The Act does not specify exclusions or exemptions but provides transitional measures to facilitate the transfer of airspace management functions from Airservices Australia to CASA. Subordinate instruments may further extend or restrict the application of the Act by prescribing transitional matters and saving or application provisions.

Key Provisions

The Airspace (Consequentials and Other Measures) Act 2007 primarily focuses on implementing changes to existing legislation to align with the new Airspace Act 2007. The operative sections of the Act include the introduction of consequential amendments to the Civil Aviation Act 1988 and the Air Services Act 1995, as well as technical amendments to update definitions and functions. These amendments are detailed in Schedules 1 and 2, respectively. Schedule 1 introduces changes to the Civil Aviation Act 1988, such as adding new functions for the Civil Aviation Safety Authority (CASA) and incorporating compliance with the Australian Airspace Policy Statement. Schedule 2 makes technical amendments to the Air Services Act 1995, primarily updating definitions and references to reflect the changes in the Airspace Act 2007. The Act imposes several obligations on the parties it governs. For instance, CASA is required to exercise its powers and perform its functions in a manner consistent with the Australian Airspace Policy Statement, as outlined in section 11A of the Civil Aviation Act 1988. If CASA proposes to act in a manner inconsistent with this policy, it must notify the Minister in writing and provide reasons for its proposed action. Additionally, the Act mandates that any regulations made under the Air Services Act 1995 in connection with the repeal of Part 2 of the Air Services Regulations must include transitional provisions. These provisions ensure a smooth transfer of airspace management functions from Airservices Australia to CASA. Breaches of the obligations imposed by the Airspace (Consequentials and Other Measures) Act 2007 could lead to civil or administrative penalties, although the Act does not specify the exact penalties. Non-compliance with the Australian Airspace Policy Statement, for instance, could result in regulatory action against CASA. The transitional provisions also imply that failure to properly manage the transfer of functions from Airservices Australia to CASA could lead to legal challenges or operational disruptions. The Act does not explicitly outline criminal penalties for breaches, but the severity of the consequences would depend on the specific nature of the non-compliance and the resultant impact on aviation safety and operations.

Legal classification tags

Area of Law
Administrative Law
Environmental Law
Instrument
Act
Concepts
Commencement Provisions
Repeal & Amendment
Transitional Provisions
Regulatory Standards
Compliance Obligations
Enforcement Powers

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.